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Articles 10441 - 10470 of 11187

Full-Text Articles in Law

Labor Law - Lmra - Validity Under Federal Act Of State Right To Work Statute Interpreted To Bar Exclusive Bargaining Rights Clause, Edward W. Powers S.Ed. Apr 1956

Labor Law - Lmra - Validity Under Federal Act Of State Right To Work Statute Interpreted To Bar Exclusive Bargaining Rights Clause, Edward W. Powers S.Ed.

Michigan Law Review

Plaintiff employer, operator of a retail food store, refused to sign a contract with a union representing the only two butchers then employed by him on the ground that acceptance of a clause in the contract making the union the exclusive bargaining representative of all butchers in his establishment would violate the state right to work statute. The two butchers went on strike and began picketing the employer's establishment. The employer thereupon hired a non-union butcher and sought to have the picketing enjoined. The state district court denied the injunction. On certiorari to the state supreme court, held, reversed, …

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Labor Law-Back Pay Awards-Duty Of Discharged Employee To Seek Other Employment, Howard A. Cole S.Ed. Apr 1956

Labor Law-Back Pay Awards-Duty Of Discharged Employee To Seek Other Employment, Howard A. Cole S.Ed.

Michigan Law Review

The National Labor Relations Board issued a back pay order in favor of the victim of a discriminatory discharge, computing the award on the basis of the earnings of the dischargee's replacement during the period of discrimination less the amount actually earned by the dischargee in other employment during the same period. The dischargee had registered with the state unemployment agency but had earned only $294.20 over a two-year period. On petition for enforcement of the order, held, order set aside and case remanded. Where a dischargee earns only a small amount of money over a long period of …

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Addendum: Taft-Hartley And State Power To Regulate Labor Relations, Donald H. Wollett Mar 1956

Addendum: Taft-Hartley And State Power To Regulate Labor Relations, Donald H. Wollett

Washington Law Review

The article on this subject which appeared in the February, 1955 issue of the Washington Law Review' made reference to three cases which were then pending before the Supreme Court of the United States. Since that time the Court has handed down these decisions. Ordinarily this would not justify additional comment, for one of the risks in writing any article in such a dynamic field is that what appears to be current today may be rendered obsolete or incomplete tomorrow. However, since the subject matter is of continuing and developing importance to all lawyers interested in labor law, and since …

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Incidents Of The Government-Servant Relationship, Ivor L.M. Richardson Mar 1956

Incidents Of The Government-Servant Relationship, Ivor L.M. Richardson

Michigan Law Review

The procedures developed in the past five years to meet the threat of communist infiltration into public employment have focused attention on the position of persons working for the federal government. However, the loyalty program and the general problem of dismissal are not the only aspects of federal employment which raise important issues. Other aspects of the government-servant relationship may be of even greater importance to the civil servant in practice. For instance, what are his legal rights to his salary or to his pension if the government refuses to pay? Can he secure redress if he is suspended from …

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Labor Law - Lmra - Strike Without Compliance With Arbitration Clause Of Collective Agreement As Unprotected Concerted Activity, Hazen V. Hatch S.Ed. Feb 1956

Labor Law - Lmra - Strike Without Compliance With Arbitration Clause Of Collective Agreement As Unprotected Concerted Activity, Hazen V. Hatch S.Ed.

Michigan Law Review

A dispute arose over the working hours and assignment of one of the employer's truck drivers. The employer suggested to the union that they refer the question to an arbitration panel for adjudication. The collective bargaining agreement provided that the panel was to be the exclusive means of settling all such matters, but the agreement did not contain a specific no-strike clause. The union refused to arbitrate and ordered a strike. Subsequently, the employer discharged twenty of the strikers and then refused to reinstate them at the termination of the strike. The union claimed that the strike was a protected …

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International Law - United Nations - Administrative Tribunals As Adjudicators Of Disputes Arising Out Of Employment Contracts With International Organizations, Edward W. Powers S.Ed. Feb 1956

International Law - United Nations - Administrative Tribunals As Adjudicators Of Disputes Arising Out Of Employment Contracts With International Organizations, Edward W. Powers S.Ed.

Michigan Law Review

A crucial though relatively unpublicized problem arising from the creation of international organizations is that of establishing and maintaining the staff or secretariat needed to perform the administrative functions of these organizations. Such a staff must possess not only the competence and integrity of a national civil service, but also an international loyalty or outlook which includes " ... an awareness . . . of the needs, emotions, and prejudices of the peoples of differently-circumstanced countries ... [and] a capacity for weighing these frequently imponderable elements in a judicial manner· before reaching any decision to which they are relevant."

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Labor Law - Labor - Management Relations Act - Further Comments On Federalism, Robert B. Olsen S.Ed. Feb 1956

Labor Law - Labor - Management Relations Act - Further Comments On Federalism, Robert B. Olsen S.Ed.

Michigan Law Review

Until a decade ago, the nation's lawyers paid little attention to the status of federal-state relations in the regulation of labor disputes. Today there hardly appears a volume of a legal journal that does not contain the product of new efforts to bring order out of the chaos that prevails in this area. A number of writers have apparently given up the task of reconciling statutory provisions with case law and case law with sound federal policy, and have resorted to the simpler, yet challenging, method of proposing amendments to existing federal statutes. Worthy as these efforts may be in …

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Labor Law - Lmra - Duty Of Certified Union To Represent Bargaining Unit Fairly, Edward W. Powers S.Ed. Feb 1956

Labor Law - Lmra - Duty Of Certified Union To Represent Bargaining Unit Fairly, Edward W. Powers S.Ed.

Michigan Law Review

Local N, composed entirely of Negroes, and Local W, composed entirely of whites, and both affiliated with the same international union, had been certified by the National Labor Relations Board as the joint bargaining representatives for the bargaining unit. Subsequent to this certification, the two locals allegedly agreed between themselves that they would be represented by one bargaining committee elected by a majority vote of the unit, and that there would be but one line of seniority in any agreement negotiated by this committee. The committee which was elected consisted solely of members of Local W. It …

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Labor - Secondary Boycott - Common Situs Picketing, James P. Garland Jan 1956

Labor - Secondary Boycott - Common Situs Picketing, James P. Garland

Villanova Law Review (1956 - )

No abstract provided.

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Miscellaneous—Peaceful Picketing, John P. Macarthur Jan 1956

Miscellaneous—Peaceful Picketing, John P. Macarthur

Buffalo Law Review

Wood v. O'Grady, 307 N. Y. 532, 122 N. E. 2d 386 (1954).

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Proposed Procedure For Administering Heart Cases Under The Washington Industrial Insurance Act, Ivan C. Rutledge Jan 1956

Proposed Procedure For Administering Heart Cases Under The Washington Industrial Insurance Act, Ivan C. Rutledge

Articles by Maurer Faculty

No abstract provided.

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State Labor Board Prevention Of Violent Union Conduct, Even Though An Unfair Labor Practice Under Nlra - United Automobile, Aircraft And Agricultural Implement Workers Of America V. Wisconsin Employment Relations Board And Kohler Co., Richard R. Sigmon Jan 1956

State Labor Board Prevention Of Violent Union Conduct, Even Though An Unfair Labor Practice Under Nlra - United Automobile, Aircraft And Agricultural Implement Workers Of America V. Wisconsin Employment Relations Board And Kohler Co., Richard R. Sigmon

Maryland Law Review

No abstract provided.

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Validity Of Minimum Wage Determinations And A Consideration Of The Need For The Walsh-Healy Act Jan 1956

Validity Of Minimum Wage Determinations And A Consideration Of The Need For The Walsh-Healy Act

Indiana Law Journal

No abstract provided.

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Industrial Noise Causing Acoustic Trauma, Heinz Gasser Jan 1956

Industrial Noise Causing Acoustic Trauma, Heinz Gasser

Cleveland State Law Review

Is acoustic trauma an accident, and do the Workmen's Compensation Statutes thus save the employer from being sued in Common Law? Or is it considered an occupational disease, and thus not within the Acts?

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Workmen's Compensation (Survey Of The Law Of New Jersey, 1955-56)., Robert E. Rodes Jan 1956

Workmen's Compensation (Survey Of The Law Of New Jersey, 1955-56)., Robert E. Rodes

Journal Articles

The four years since this subject was last surveyed have been eventful ones; we cannot hope to do more than hit the high spots. A considerable liberalization of the coverage of the compensation laws is to be discerned in this period, highly influenced, it may be suspected, by the recent and much-cited Larson treatise. The liberal pattern Dean Larson imposes on his material has evidently commended itself to the courts.

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Labor Law - Lmra - Substantive Application By A State Court Of Section 8(B), George E. Ewing S.Ed. Jan 1956

Labor Law - Lmra - Substantive Application By A State Court Of Section 8(B), George E. Ewing S.Ed.

Michigan Law Review

The defendant unions peacefully picketed the Valley Lumber Company to force the adoption of a closed shop agreement. The employees had indicated that they did not desire union affiliation or representation and the employer had not recognized any union. The NLRB Regional Director refused to assert jurisdiction over the company for certification purposes because the employer's interstate business was below the Board's jurisdictional yardsticks. The trial court asserted jurisdiction to award damages and an injunction against the picketing. On appeal, held, affirmed, three justices dissenting. Not only was the trial court's jurisdiction proper but it could apply section 8 …

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Maritime Lien Priorities: Cross-Currents Of Theory, Roger G. Connor Jan 1956

Maritime Lien Priorities: Cross-Currents Of Theory, Roger G. Connor

Michigan Law Review

The purpose of this article is not to develop a synthesis, for no synthesis is possible, but to give an account of the general theories governing maritime lien priorities, together with a discussion of the concrete issues which arise in their application.

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Contracts - Restraint On Employee's Rights To Enter Competing Business - Partial Enforcement Of Restraint Indivisible By Its Own Terms, William R. Jentes S.Ed. Jan 1956

Contracts - Restraint On Employee's Rights To Enter Competing Business - Partial Enforcement Of Restraint Indivisible By Its Own Terms, William R. Jentes S.Ed.

Michigan Law Review

A provision in defendant's employment contract stated that if he ceased to be employed by plaintiff for any reason, he would not "for a period of ten years thereafter" enter into a competing business. The trial court denied plaintiff's request for injunctive relief against defendant's violation of this restriction. On appeal, held, reversed, one justice dissenting. An employer can obtain partial enforcement for a reasonable time of an employee's agreement not to enter into a competing business, even though the restraint as agreed upon by the parties is unreasonable and is not made divisible by its own terms. Fullerton …

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Labor Law - Lmra - Status Of Union Official As An "Employee Representative" For Purposes Of Prosecution Under Section 302, George E. Ewing Jan 1956

Labor Law - Lmra - Status Of Union Official As An "Employee Representative" For Purposes Of Prosecution Under Section 302, George E. Ewing

Michigan Law Review

The appellant was president of the International Longshoreman's Association, the recognized bargaining agent for longshore labor in the Port of New York. An officer of several of the employer members of the New York Shipping Association paid the appellant $5500 in six yearly "Christmas presents." The appellant was convicted of violating section 302 of the Labor-Management Relations Act, which makes it a misdemeanor for "any representative of any employees" to receive or agree to receive money from his employer, subject to certain exceptions. On appeal, held, reversed. The word "representative" is a term of art used throughout the act …

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Labor Law - Federal Procedure - Stay Of State Court Proceedings Involving Matters Within The Exclusive Jurisdiction Of The Nlrb, Arne Hovdesven S.Ed. Jan 1956

Labor Law - Federal Procedure - Stay Of State Court Proceedings Involving Matters Within The Exclusive Jurisdiction Of The Nlrb, Arne Hovdesven S.Ed.

Michigan Law Review

Richman Brothers sought and was granted a state court injunction against organizational picketing conducted by the union. The complaint alleged acts which were unfair labor practices under section 8 (b) (2) of the amended National Labor Relations Act. The union, after failing to obtain removal of this action, unsuccessfully applied for a federal district court injunction against the state court proceedings. On appeal, held, affirmed. Section 2283 of the Judicial Code prevents a federal court injunction of a state court proceeding, despite the fact that the activities involved are within the exclusive jurisdiction of the National Labor Relations Board. …

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Taft-Hartley Pre-Emption In The Area Of Nlrb Inaction, Joseph R. Grodin, Matthew O. Tobriner Jan 1956

Taft-Hartley Pre-Emption In The Area Of Nlrb Inaction, Joseph R. Grodin, Matthew O. Tobriner

Faculty Scholarship

No abstract provided.

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The Development Of Labor Management Legislation In Kentucky: Part I, John L. Johnson Jan 1956

The Development Of Labor Management Legislation In Kentucky: Part I, John L. Johnson

Kentucky Law Journal

No abstract provided.

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Book Reviews, Donald H. Wollett, Peter Ward, John E. Mcaniff, Arthur H. Sherry, Bertel M. Sparks, A. L. Eno Jr., Charles O. Galvin, Emerson G. Spies, Benjamin Carlin, Charles H. Miller, Erwin C. Surrency, Albert B. Jones, W. Friedmann, Alfred I. Maleson, Douglas H. Parker, Clarence F. Hyrne Jr., Elvin R. Latty Dec 1955

Book Reviews, Donald H. Wollett, Peter Ward, John E. Mcaniff, Arthur H. Sherry, Bertel M. Sparks, A. L. Eno Jr., Charles O. Galvin, Emerson G. Spies, Benjamin Carlin, Charles H. Miller, Erwin C. Surrency, Albert B. Jones, W. Friedmann, Alfred I. Maleson, Douglas H. Parker, Clarence F. Hyrne Jr., Elvin R. Latty

Journal of Legal Education

No abstract provided.

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Problems In The Removal Of Federal Civil Servants, Ivor L. M. Richardson Dec 1955

Problems In The Removal Of Federal Civil Servants, Ivor L. M. Richardson

Michigan Law Review

The publicity given in the past few years to the loyalty and security program has brought the civil servant of the federal government increasingly before the public eye. At the same time little attention has been paid to the plight of a civil servant who is dismissed from his post for reasons other than those relating to loyalty and security. It is the purpose of this paper to consider different aspects of the removal of civil servants. We shall discuss (1) the government's power to remove civil servants both at common law and under statutes which deal with the exercise …

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Federal Procedure - Venue - Interpretation Of Section 1404(A) In Cases Arising Under The Federal Employers' Liability Act, Charles G. Williamson, Jr. S.Ed. Dec 1955

Federal Procedure - Venue - Interpretation Of Section 1404(A) In Cases Arising Under The Federal Employers' Liability Act, Charles G. Williamson, Jr. S.Ed.

Michigan Law Review

Three petitioners instituted separate suits in the United States District Court for the Eastern District of Pennsylvania under the provisions of the Federal Employers' Liability Act, for injuries received in the derailment of a train in South Carolina. The cases were transferred to the Eastern District of South Carolina under the provisions of section 1404 (a), title 28, U.S.C. Because of a court of appeals ruling that orders for transfer were not appealable, petitioners sought mandamus to compel the district judge to set aside his orders for transfer. The court of appeals denied the applications. On certiorari to the United …

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Labor Law - Lmra - "Hot Cargo" Clause As A Defense To Secondary Boycott, Jack G. Armstrong S.Ed. Dec 1955

Labor Law - Lmra - "Hot Cargo" Clause As A Defense To Secondary Boycott, Jack G. Armstrong S.Ed.

Michigan Law Review

In McAllister Transfer, Inc. the National Labor Relations Board decided to reconsider the question of "hot cargo" clauses. In this case, the Teamsters' union requested McAllister, a non-union cartage company, to recognize it as the bargaining representative of McAllister's employees, and submitted a proposed contract to the employer. When McAllister refused to recognize the Teamsters, the union announced that the company would be "shut off" from interlining freight. Accordingly, the Teamsters induced those of their members who were working for three other carriers not to handle McAllister freight. Each of these other carriers was a party to a cartage agreement …

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Partial Strikes And National Labor Policy, Richard Mittenthal Nov 1955

Partial Strikes And National Labor Policy, Richard Mittenthal

Michigan Law Review

Some authorities have argued that "partial strike" is a misnomer and a contradiction in terms. In their view, a partial strike is not in fact a "strike" and should not be entitled to any of the legal benefits and protections which may stem from a strike status. That argument is discredited today, especially because of the broad definitions which were incorporated in the amended National Labor Relations Act. In Title V, section 50 l (2) of the act, Congress said: "The term 'strike' includes any strike or other concerted stoppage of work by employees ... and any concerted slowdown or …

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Labor Law - Certified Union's Loss Of Majority Status During Certification Year And Without Fault Of Employer As Justification For Refusal To Bargain, Eugene Alkema S.Ed. Nov 1955

Labor Law - Certified Union's Loss Of Majority Status During Certification Year And Without Fault Of Employer As Justification For Refusal To Bargain, Eugene Alkema S.Ed.

Michigan Law Review

The "one year certification rule" was originated in the early years of the National Labor Relations Board and has been consistently applied by it. Essentially it provides that after certification an employer is required to bargain with the certified union for a reasonable time, which is usually one year in the absence of "unusual circumstances." The certified union is conclusively presumed to represent a majority of employees in the unit for that period, the presumption afterward becoming rebuttable. This system of successive conclusive and rebuttable presumptions represents a compromise between the competing policies of giving a union time to establish …

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Labor Law - Collective Bargaining - Contract Ratification And Strike Authorization Clauses As Statutory Proposals, Arne Hovdesoen S.Ed. Nov 1955

Labor Law - Collective Bargaining - Contract Ratification And Strike Authorization Clauses As Statutory Proposals, Arne Hovdesoen S.Ed.

Michigan Law Review

After continued employer demands to discuss contract ratification and strike authorization clauses, the union discontinued contract negotiations on the ground that such proposals constituted interference with its internal affairs and as such were not within the scope of mandatory collective bargaining as defined by sections 8 (d) and 9 (a) of the amended National Labor Relations Act. The National Labor Relations Board found the union's action to be the result of the employer's refusal to bargain in compliance with section 8 (d) and issued an appropriate order directing the company to cease and desist from insisting upon these proposals to …

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Labor Law - Collective Bargaining - Enforceability Of Collective Agreements Under Section 301(A), Douglas Peck S.Ed. Nov 1955

Labor Law - Collective Bargaining - Enforceability Of Collective Agreements Under Section 301(A), Douglas Peck S.Ed.

Michigan Law Review

Plaintiff, an unincorporated labor organization, filed suit in federal district court to enforce a collective bargaining agreement with defendant. The complaint alleged that defendant was obligated by the agreement to pay employees represented by the plaintiff their full salary for the month of April 1951 regardless of the fact that they had been absent on certain working days. The suit was brought under section 301 (a) of the Labor-Management Relations Act of 1947.On appeal from a court of appeals decision directing dismissal for lack of jurisdiction, held, affirmed, two justices dissenting. An action by a labor organization to enforce …

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